New Delhi | The Supreme Court has stayed the promotion of 68 lower judicial officers of Gujarat, including Judge Harish Hasmukhbhai Verma, who convicted Congress leader Rahul Gandhi in a defamation case. Justice M.R. Shah and C.T. Ravikumar submitted that the list issued by the High Court and the subsequent order by the State Government granting promotion to District Judges is illegal and contrary to the judgment of this Court.
The bench passed an interim order staying the promotion and said the matter should be heard by an appropriate bench as Justice Shah is due to retire on May 15.
The apex court noted that the promotion of judicial officers violated the Gujarat State Judicial Service Rules 2005, as amended in 2011. As per the rules, the promotion should be made on the principle of merit-cum-seniority and only after passing the suitability test.
The bench, while staying the implementation of the promotion list, remanded the judges concerned to their original posts in which they were working prior to their elevation.
The apex court’s order came on a plea by senior civil judge cadre officers Ravikumar Mehta and Sachin Pratapraya Mehta, challenging the selection of 68 judicial officers in the higher cadre of district judges.
The apex court, in its order dated April 28, had observed: It is very unfortunate that despite the fact that the respondent, particularly the State Government, was aware of the present proceedings and .. in spite of this the State Government in the present proceedings has taken the orders issued by this Court After receipt of the notice, promotion order has been issued on 18 April 2023.
We do not appreciate the haste and haste in which the State has approved and passed the promotion order dated April 18, 2023, the bench said. It is to be noted that the selection was for the year 2022 and hence there was no extraordinary haste in passing the promotion order and that too when the matter was sub-judice.
CJM Verma of Surat is currently working as Under Secretary in the Legal Department of the Government of Gujarat and Assistant Director in the State Legal Services Authority.
The apex court had on April 13 issued notice to the state government and the registrar general of the Gujarat High Court on a petition by two judicial officers.
In its April 28 order, the apex court had said, “We are of the prima facie opinion that this is nothing but setting aside the process of the court and the present proceedings.” The Secretary to the State Government must explain the extraordinary urgency shown in the matter of granting the promotion and issue the notification dated 18 April 2023.
